ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046992
Parties:
| Complainant | Respondent |
Parties | Aigary Foksys | Radius 300 Circle Ltd |
Representatives | The Complainant did not attend and was not represented at the hearing. | The Respondent did not attend and was not represented at the hearing. |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00057793-001 | 19/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00057793-002 | 19/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00057793-003 | 19/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00057793-004 | 19/07/2023 |
Date of Adjudication Hearing: 07/02/2025
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The hearing was scheduled as an in person hearing to take place in Lansdowne House.
While the parties are named in the Decision, I will refer to Aigary Foksys as “the Complainant” and to Radius Circle 300 Ltd as “the Respondent”.
Having waited a reasonable period of time, there was no appearance by or on behalf of the Complainant or the Respondent at the hearing on 07/02/2025. I am satisfied that the Complainant and the Respondent were duly notified of the details of the hearing. Neither party attended. A postponement had not been sought.
Background:
These matters came before the Workplace Relations Commission dated 19/07/2023. The Complainant alleges contravention by the Respondent of provisions of the above listed statutes in relation to employment with the Respondent. The aforesaid complaints were referred to me for investigation. A hearing for that purpose was scheduled to take place on 07/02/2025.
Having waited a reasonable period of the time on the day, there was no appearance by or on behalf of the Complainant. I am satisfied the Complainant was duly notified of the details of the hearing. The Complainant did not attend. A postponement had not been sought.
The Respondent did not attend the hearing and I am satisfied the Respondent was duly notified of the details of the hearing. The Respondent did not attend. A postponement had not been sought.
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Summary of Complainant’s Case:
CA-00057793-001/2/3/4 There was no appearance by or on behalf of the Complainant at the adjudication hearing. |
Summary of Respondent’s Case:
CA-00057793-001/2/3/4 There was no appearance by or on behalf of the Respondent at the adjudication hearing. |
Findings and Conclusions:
CA-00057793-001/2/3/4 There was no appearance by either party at the hearing. I am satisfied the parties were notified in accordance with WRC procedures in writing of the date, time and place at which the hearing to investigate the complaints would be held.
There was no application for a postponement submitted in the weeks or days preceding the hearing. I have waited a more than reasonable period of time before drafting this decision just in case the Complainant makes contact with the WRC. I am satisfied the Complainant did not make contact either immediately before the hearing, during the hearing or in the intervening period since the hearing. As of the date of this decision there has been no further communication received from or on behalf of the Complainant. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00057793-001/2/3/4 Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I decide these complaints are not well-founded.
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Dated: 26th February 2025
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Key Words:
No appearance either party; |